On 12 December 2019, Judge Bruno Simma and the Drafting Team of The Hague Rules on Business and Human Rights officially launched The Hague Rules at a symposium hosted by the PCA in the Peace Palace in The Hague...

International arbitration holds great promise as a method to be used to resolve human rights disputes involving business. These disputes often occur in regions where national courts are dysfunctional, corrupt, politically influenced and/or simply unqualified. Parties to such disputes, generally multinational business enterprises (MNEs) and the victims of human rights abuse linked to MNEs, are in need of a private system that can function in these regions. Arbitration also has certain unique attributes that could serve the parties well even where fair and competent courts are available. In addition, arbitration can serve a useful tool to assist MNEs to prevent abuse from occurring in their supply chains and development projects.

The rules in use today for international arbitration were written without a focus on the special requirements of human rights disputes. Hence, changes are needed to ensure that, among other things, there is greater transparency of proceedings and awards, that numerous victims are able to aggregate their claims and that the arbitrators chosen are prominent experts in business and human rights matters.